CBP is consolidating two Enforce and Protect Act investigations and setting interim measures against Phoenix Metal for alleged evasion of AD and CVD orders A-570-079 and C-570-080 on cast iron soil pipe from China. According to the March 28 notice, the EAPA investigation followed a Feb. 17, 2022, complaint by the Cast Iron Soil Pipe Institute that alleged Phoenix Metal acted as importer of record and exported soil pipe covered by the AD/CVD orders to Glendale Plumbing and Fire Supply, Inc. using the Cambodian "front company" Little Fireflies International.

Decisions by a single port of entry cannot act as the basis for claims of an established treatment nationally by CBP for customs purposes, DOJ told the Court of International Trade in a brief filed March 29. In a tariff classification challenge brought by Kent International related to bicycle seats, DOJ said CBP New York/Newark's granting of protests doesn't establish a treatment that required notice and comment before CBP Long Beach classified the bicycle seats in a different subheading (Kent International Inc. v. United States, CIT #15-00135).

The Commerce Department improperly found that Krakatau POSCO -- a joint venture between a private South Korean steel company and an Indonesian government-owned firm -- was not a government authority, leading Commerce to find its provision of cut-to-length steel plate below cost was not countervailable, the Wind Tower Trade Coalition said. Making its case to the U.S. Court of Appeals for the Federal Circuit in a March 28 opening brief, the coalition said that Commerce "effectively elevated form over substance, frustrated the intent of the CVD law" and allowed Indonesia's wind tower exporter to "escape duties" (PT. Kenertec Power System v. U.S., CIT Consol. #20-03687).

The U.S. Court of Appeals for the Federal Circuit affirmed a 35% duty rate for StarKist's tuna salad pouches, agreeing with CBP's preferred Harmonized Tariff Schedule subheading, in a March 30 opinion. Upholding the Court of International Trade's opinion, Judges Kimberly Moore, Timothy Dyk and Jimmie Reyna said that the tuna pouches were "not minced" and "in oil," prompting their placement under subheading 1604.14.10.

The Court of International Trade on March 28 upheld the International Trade Commission's affirmative injury determination in the antidumping duty and countervailing duty investigations on wood mouldings and millwork from China. Judge Leo Gordon said that Chinese exporter Jeld-Wen failed to successfully argue that laminated veneer lumber (LVL) is not included in the domestic like product for wood mouldings and millwork and that other economic factors, and not imports, caused the domestic injury. On the latter point, Gordon said that Jeld-Wen needed to show that its conclusion is the only one to be drawn from the record and not the preferred one -- something the plaintiff failed to do.

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CBP is setting interim measures against six companies for possible evasion of the antidumping duty and countervailing duty orders on wooden cabinets and vanities from China. According to a March 10 notice, CBP has determined that there is reasonable suspicion that Uni-Tile, Durian, Kingway, Lonlas, Maikai, and Top Kitchen evaded AD/CVD by transshipping covered merchandise through Malaysia.

The Court of International Trade dismissed a case brought by the U.S. government seeking the collection of over $5.7 million in unpaid duties from Katana Racing on passenger vehicle and light truck tires from China. In a March 28 opinion, Judge Thomas Aquilino granted Katana's motion to dismiss based on an expired statute of limitations. The judge ruled that Katana was allowed to revoke an earlier statute of limitations waiver and concluded that without the waiver, any action by CBP is barred by the passage of time (United States v. Katana Racing Inc., d/b/a Wheel & Tire Distributors, CIT #19-00125).

The Commerce Department will consider an expansion of antidumping and countervailing duties on solar cells from China to include solar cells from Cambodia, Malaysia, Thailand and Vietnam made from Chinese components, it said in notice released March 28 announcing the beginning of an anti-circumvention inquiry.

The Court of International Trade ruled that CBP properly classified eight models of gloves imported by Magid Glove & Safety Manufacturing Co. as knit textile gloves, rather than as gloves made of plastics. In a March 25 opinion, Judge Timothy Stanceu sided with the government and ruled CBP correctly classified the gloves imported from China and South Korea in 2015 and correctly denied Magid's 2016 CBP protest (Magid Glove & Safety Manufacturing Co. v. United States, CIT #16-00150).